ML20216H032

Notice of Issuance of DD 99-12 Under 10CFR2.206 Re Petitions Requesting NRC Immediately Suspend Util Licenses to Operate Units Until Reasonable Assurances That Adequate Protective Measures Will Be Taken

ML20216H032
Person / Time
Site:	Millstone
Issue date:	09/28/1999
From:	Collins S NRC (Affiliation Not Assigned)
To:
Shared Package
ML20216G975	List: ML20216H032 ML20216H059
References
2.206, DD-99-12, NUDOCS 9910010256
Download: ML20216H032 (3)

Text

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7590-01-P UNITED STATES NUCLEAR REGULATORY COMMISSION NORTHEAST NUCLEAR ENERGY COMPANY. ET AL MILLSTONE NUCLEAR POWER STATION. UNIT NOS. 2 AND 3 DOCKET NOS. 50-336 AND 50-423 ISSUANCE OF FINAL DIRECTOR'S DECISION UNDER 10 CFR 2.206 Notice is hereby given that the Director of the Office of Nuclear Reactor Regulation, U.S.

Nuclear Regulatory Commission (NRC), has issued a Final Director's Decision with regard to k

two related Petitions, both dated April 14,1999, submitted by Mr. Scott Cullen, on behalf of Standing for Truth About Radiation, the Nuclear Information Resource Service, New York State Senator Ken LaValle, and New York State Assembly members Fred Thiele and Patricia

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Acampora (the Petitioners), requesting action under Title 10 of the Code of Federal Reaulations, Section 2.206 (10 CFR 2.206). The Petitions pertain to the Millstone Nuclear Power Station, Unit Nos. 2 and 3, operated by Northeast Nuclear Energy Company (NNECO, or i

the licensee). l In the first Petition, the Petitioners requested that (1) the NRC immediately suspend NNECO's licenses to operate the Millstone Nuclear Power Station until there are reasonable assurances that adequate protective measures for Fishers Island, New York, can and will be taken in the event of a radiological emergency at Millstone, (2) the operating licenses should be suspended until such time as "a range of protective actions have been developed for the plume I exposure pathway EPZ [ emergency planning zone) for emergency workers and the public", and l (3) these matters be the subject of a public hearing, with ful! or.pr*,ity for ;.a.:ic comment. l l

The basis for the Petitioners' reosts is that the Millstone Nuclear Power Station is not in full i compliance with the law. Specifically, the Petitioners contend that the site is in violation of l l 9910010256 990928 ADOCK 05000336 PDR i

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1 10.CFR 50.54(q) and 10 CFR'50.47 with regard to emergency planning requirements because Fishers Island, New York, which is located within the 10-mile EPZ for Millstone, has no

' functional emergency plan.

In the second Petition, the Petitioners requested that the NRC institute a proceeding, pursuant to 10 CFR 2.202, to suspend the operating licenses for the Millstone Nuclear Power Station until the facility is iri full compliance with the law. . Specifically, the Petitioners maintain

.. that all of the regulatory listed factors, that is, " demography, topography, land characteristics, access routes, and jurisdictional boundaries," were ignored in establishing the 10-mile plume exposure pathway EPZ (10-mile EPZ) for emergency planning at the Millstone Nuclear Power

,  : Station and, as such, constitute a violation of 10 CFR 50.54(q) and 10 CFR 50.47,

- By letter dated May.14,1999, the NRC informed the Petitioners that their request for the immediate. suspension of the operating licenses for the Millstone Nuclear Power Station, Unit Nos. 2 and 3 (first Petition, Request 1), was denied. In that letter, the NRC also informed the Petitioners that their request for an informal public hearing (first Petition, Request 3) was  ;

denied. The NRC also told the Petitioners in the May 14,1999, letter that their request, in the

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second Petition, to initiate a proceeding pursuant to 10 CFR 2.202 to suspend the. operating licenses for Millstone did not satisfy the criteria for consideration as a 10 CFR 2.206 Petition.

The reasons for these decisions were explained in the May 14,1999, letter and in the " Final Director's Decision Pursuant to 10 CFR 2.206" (DD 12 ).

l As noted in the May 14,1999, letter, the NRC stated that the areas identified in the Petitions related to the adequacy of evacuation and protective measures planning for Fishers Island, New York, would be evaluated within a reasonable time. The staff has completed its review of

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h this area with the assistance of the Federal Emergency Management Agency. For the reasons 1

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. ,7 given in the Final Director's' Decision, DD-99 12, dated September 28,1999, Request 2 of the first Petition is denied.

Additional information is contained in the " Final Director's Decision Pursuant to 10 CFR t 2.206" (DD-99 12 ), the complete text of which follows this notice and which is available for public inspection at the' Commission's Public Document Room, the Gelman Building,2120 L Street, NW., Washington, DC, and at the local public document rooms located at the Learning

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' Resources Center, Three Rivers Community-Technical College,574 New London Turnpike,

. Norwich, Connecticut, and at the Waterford Library,49 Rope Ferry Road, Waterford,

. Connecticut.

As provided in 10 CFR 2.206(c), a copy of this Final Director's Decision will be filed with the Secretary of the Commission for the Commission's review. This Final Director's Decision will constitute the final action of tne Commission 25 days after its issuance, unless the Commission, on its own motion, institutes review of the Decision within that time.

. Dated at Rockville, Maryland, this 28th day of September 1999.

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- FOR THE NUCLEAR REGULATORY COMMISSION ctor Office of Nuclear Reactor Regulation I